Trial begins in Las Cruces' "Lizard Man" police shooting

LAS CRUCES — The deadly encounter between Lance Hummell and two Las Cruces police officers lasted less than two minutes, according to court records.

On Monday attorneys spent the bulk of more than three hours scrutinizing those tense moments during the opening day of wrongful death civil trial in U.S. District Court in Las Cruces. Among those testifying Monday: the two LCPD officers who responded to the July 13, 2010, call of an "irate" man with a sword, a New Mexico State Police crime scene expert and a witness who happened to see the shooting.

The questions of Albuquerque attorney James Lyle, who is representing Hummell's family, seemed to focus on where the officers stood during the shooting and how quickly those events unfolded. Lyle also addressed the officers' training and LCPD's use-of-force tactics.

The fatal bullet struck Hummell, a 23-year-old caretaker known as "Lizard Man," shortly after 8:30 that summer morning in 2010, records state.

LCPD officers said Hummell didn't respond when they demanded that he drop his nearly 4-foot specialty sword. LCPD's Horacio Rivera fired his AR-15 rifle four times when Hummell "advanced," according to court documents. Hummell died at the scene, an apartment complex parking lot.

$14 million sought

Earlier, Hummell reportedly sent suicidal text messages to a girlfriend. According to court records, he said the method would be "death by cop.

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In 2011, Hummell's family filed the wrongful death suit against the city, Rivera and Dennis Camp, the other responding LCPD officer. The lawsuit, which seeks more than $14 million in damages, contends that police acted "grossly negligent" in shooting Hummell and that they displayed a "willful, wanton, deliberate and despicable indifference" to his constitutional rights.

Officers cleared of wrongdoing

The district attorney's office cleared Rivera and Camp of any criminal wrongdoing. U.S. Magistrate Judge Gregory B. Wormuth is hearing this week's civil bench trial.

An El Paso man, Hector Gonzalez, drove by the scene thanks to the cancellation of a nearby dentist appointment. Monday afternoon Gonzalez said as he sat at a stop sign, scanning for oncoming traffic, he heard somebody shout "don't move," then moments later saw Hummell shot.

Lyle asked Gonzalez if Hummell had enough time to respond to the "don't move" command. Gonzalez's response: "He was turning around, so I don't think he had enough time."

Rivera refuted that claim, saying Monday he gave Lance Hummell "an opportunity to comply" to orders to drop a samurai sword.

In fear of 'my life'

Camp, who was dropped last year as a party to the suit, testified that he too intended to shoot Hummell. Camp didn't shoot, he testified Monday, because of nerves, his "sights were shaking." Camp explained he had taken his left hand off his Smith & Wesson M&P 45 pistol to radio to dispatchers. Before he could stabilize himself, Rivera fired.

Camp said he was in fear of "my life."

Rivera echoed that sentiment.

"Honestly, I was scared," Rivera said. "I thought I was going to be cut by the weapon."

There was some discrepancy to the distance the officers stood from Hummell when Rivera fired. Rivera testified that he was between 12 and 15 feet from Hummell, who was holding the sword's blade in front of his face. Camp estimated 20 feet, then acknowledged to Lyle that it could have been closer to 29 feet.

That distance is critical, Lyle argues, because according to LCPD training an officer should not shoot a person armed with a stabbing weapon unless they are charging within 21 feet.

New Mexico State Police investigator Norman Rhoades, who documented the scene that morning, said shell casings from Rivera's AR-15 were found between 29 and 40 feet from where Hummell fell.

During cross examination from defense attorney Damian Martinez, Rhoades said there is no way to determine Rivera's location based upon the shell casings. There is no way to predict how the casings eject from the gun then bounce on the ground.

Rhoades also noted the purpose of his data collection and assessment wasn't to determine where the officers were standing at the time of the shooting.

Lyle said he plans to wrap up his case Tuesday. Scheduled to testify are members of Hummell's family and another witness. He also plans to call a use-of-force expert and a man to explain what changes LCPD has made since a private consulting firm issued its report about the department.

James Staley may be reached at 575-541-5476. Follow him on Twitter @auguststaley